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Access "Storage feels heat from FRCP rules"

Published: 22 Oct 2012

The scope and focus of legal requests for electronically stored information (ESI) were changed profoundly with the December 2006 revisions to the Federal Rules of Civil Procedure (FRCP). IT teams are now under increasing pressure to maintain a data destruction policy that's applied in good faith and regularly, and prior to any request for information. (A data destruction policy applied after an inquiry from corporate counsel looks more than suspicious.) For example, Rule 26 (Duty to Disclose) addresses pre-trial discovery agreements made by two opposing counsels. Prior to the first court conference, opposing parties must meet to determine the number and type of ESI requests that will be made and met. Mark Foley, an attorney and partner at Foley & Lardner LLP who specializes in IT litigation, says those agreements and the resulting "litigation holds" have a direct impact on IT teams and their processes. "You sue me and ask for a broad list of documents and data,'' explains Foley. "I object, arguing that certain things you've asked for are either not relevant ... Access >>>

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